AN ACT Empowering the council of any city of the first-class, with a population of less than one hundred and fifty thousand, and greater than ninety thousand inhabitants, at the last federal census, to lease lauds for park purposes, and for the improvement of the same. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the council of any city of the first-class, with a population of less than one hundred and fifty thousand, and greater than ninety thousand inhabitants, at the last federal census, shall have power to lease, rent, or otherwise hold any lots or lands abutting upon, contiguous, or adjacent to, any park or public grounds, for the purpose of extending and enlarging such park or public grounds; and that the commissioners of such park or public grounds are hereby authorized and empowered to take charge of, improve, embellish, and protect the lots or lands so leased, rented, or held, in the same manner, and subject to the same authority, as they do the park or public grounds of which they are the commissioners. SEC. 2. This act shall take effect and be in force from and after its passage. O. J. HODGE, Authorizing certain cities to lease, rent, or hoid land for park purposes. Passed January 26, 1877. AN ACT To amend an act entitled "An act to amend section three of an act prescribing the rate of taxation for county, bridge, road, and township purposes," passed May 1, 1871 (O. L., vol. 68, p. 117), and to amend an act entitled "An act prescribing the rate of taxation for county, bridge, road, and township purposes," passed April 26, 1872, (O. L., vol. 69, p. 113), passed April 3, 1876 (O. L., vol. 73, р. 149). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three of the above recited act be amended to read as follows: Limitation of Section 3. The county commissioners of any county in this state shall not levy any tax, or appropriate any money, for taxation. the purpose of building public county buildings, purchasing sites therefor, or for lands for infirmary purposes, or for building any bridge, except in case of casuality, or such bridge or bridges as shall be deemed unsafe for public travel by the county commissioners, as provided for in section two of said act, the expenses of which shall exceed ten thousand dollars, without first submitting to the qualified voters of said Submission county the question as to the policy of building any pub- to vote of lic county building or buildings, or for purchasing sites electors. therefor, or for the purchase of lands for infirmary purposes, by general tax, which said submission shall be made at the Notice of election, and how given. On petition of tax-payers vote may be taken again. Proviso. annual fall election in October, A.D. 1877, or any annual fall election thereafter; each proposition shall be separately submitted, and printed tickets shall be provided by the said county commissioners, on which shall be printed, for tax, Yes; which blank shall be filled with a proper designation of the proposed improvement, as the notice may require; and said commissioners shall cause the same notice for such vote to be given as is required in the election of state and county officers. It shall be the duty of the judges of election in the several townships and wards in any county in which such question may be submitted as aforesaid, on the day of the annual fall election, A.D. 1877, or at any fall election thereafter, to open a poll for taking such votes, and to receive and count the ballots cast, and, within three days thereafter, to return to the auditor of the county a full and correct abstract of said votes; and the said judges of election shall, in all respects, be governed by the laws regulating general elections, and shall be entitled to the same compensation for returning said poll-books, which shall be paid out of the county treasury, on the order of the auditor, and the poll-books so returned shall, within five days from the holding such election, be opened, and the votes counted by the commissioners and auditor of the county, a correct statement of the result of which votes shall be kept by said auditor on file in his office for public inspection. If the majority of the votes so cast shall be against the policy of such improvements, the commissioners shall not assess any tax for that purpose, but the commissioners may, on the petition of not less than one hundred tay-payers of said county, again submit the same question, at any regular annual fall election, under the same rules and regulations as before provided; if, at any such election, a majority shall be in favor of the improvements as aforesaid, then the commissioners shall be authorized to proceed to levy the tax as provided for in this section, and for the purpose of said improvement: provided, that nothing in this act shall apply to the construction of any public building or bridge commenced or contracted for prior to the passage of this act, or for which the commissioners of any county have in fact purchased the ground or acquired the material for the same, or have been and are now proceeding, with all convenient dispatch, to construct; and in every such case the acts of the commissioners of any county, in levying taxes and issuing the bonds of the county, and in appropriating money for the constructing and completion of such building or buildings, shall be as lawful and binding as if neither this act nor any of the acts to which this is amendatory had been passed: and, provided further, that the provisions herein contained shall not be construed to authorize the commissioners of any county in this state to construct any new bridge on any new site, costing more than ten thousand dollars, without first submitting to the qualified voters of the said county the question as to the policy of building such new bridge or bridges, at the time or times, and in the manner and form specified in this section. SEC. 2. That said section three of the aforesaid act be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. Passed January 31st, 1877. H. W. CURTISS, AN ACT To amend section two of an act entitled "An act for the maintenance and support of illegitimate children, and to repeal certain acts therein named," passed April 3, 1873. (Vol. 70, p. 111, O. L.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section two of the above entitled act be so amended as to read as follows: on return of warrant. Section 2. On the return of such warrant, the justice, in Proceedings the presence of the accused person, shall examine the complainant, under oath, respecting the cause of her complaint: provided, that if either party desire it, and upon good cause shown, said justice may continue said cause for a period not to exceed ten days, upon the defendants entering into a recognizance to appear at the time fixed by said justice for the hearing of said complaint, with sufficient security, in a sum not less than three hundred nor more than six hundred dollars, for the benefit of the township in which such bastard child shall be born, to answer such complaint, and abide the order of said justice; and such accused person shall be allowed to ask the complainant, when under oath, any question he may think necessary for his justification; all of which questions and answers shall be reduced to writing by the justice of the peace, and subscribed by the complainant; and if, on such examination, the party accused shall pay or Compromise secure to be paid to the complainant such sum or sums of allowable. money, or property, as she may agree to receive in full satisfaction, and shall further give bond, with sufficient security, to be approved by said justice, to the trustees of the township in which complainant shall reside, and their successors in office, conditioned to save such township free from all charges towards the maintenance of such child, then, and in that case, the justice shall discharge the party accused out of custody, on his paying the costs of prosecution: provided, that the agreement aforesaid shall be made or Proviso. acknowledged by both parties in the presence of the justice, whoshall thereupon enter a memorandum of the same upon his docket. SEC. 2. This act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. Passed February 1st, 1877. THOS. L. YOUNG, President of the Senate. Contested election of state and county offi cers now pending. Additional testimony. Errors and omissions may be corrected. Subpœnas for witnesses, books, papers, etc. Punishment of witnesses for failing to produce papers, etc. Who may contest election of county officers; duty of court, etc. AN ACT Supplementary to an act entitled "An act to regulate the election of state and county officers," passed May 3, 1852. (S. & C., p. 532.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That on the trial of any case of the contested election of any state or county officers now pending, or which may hereafter be pending, in any court of this state, either party may, in addition to the evidence hereafter provided to be taken and certified to said court, introduce any oral testimony, or any deposition of witnesses taken before a notary public or any other competent authority, on notice given to the opposite party, as provided for the taking of testimony in other cases according to the code of civil procedure of this state; and whenever any omission, defect, or error shall occur, or has heretofore occurred, in the proceedings of any officer or officers in declaring or certifying that any person or persons are or were duly elected to any office or offices under the laws of this state, such omissions, defect, or error may be corrected upon parol proofs or oral testimony offered at the trial, or at the hearing of any preliminary proceeding of any such case. SEC 2. The officer before whom depositions are taken as aforesaid, shall have power to compel the attendance of witnesses, to issue the writ of subpœna, duces tecum, for the production of books, papers, ballots, or things relating to said contest. SEC. 3. Any person refusing to obey the subpœna, duces tecum, and to produce any books, papers, ballots, or things in his possession, or under his control, called for by the said subpœna, shall for each and every such offense be committed to the jail of the county, there to remain until he signifies his intention to produce the books, papers, ballots, or things called for in said subpœna. SEC. 4. That the method to be pursued in contesting the election of any person declared duly elected to any county office, shall be at the instance of a candidate or elector of the proper county; and all matters relative to such contest shall be heard and determined by the court wherein such matters or anything relating to the cause is or shall be pending in the regular order of the docket of said court; unless a motion shall be made by one of the parties to such case to take up the same, when the court shall at once hear and determine any matter relating to such contest then pending before it. SEC. 5. That in any case now pending, or which may hereafter be pending, in any of the courts of this state, the notice of such contest or appeal shall be served or filed on or before the thirtieth day after the election out of which the contest arose. SEC. 6. That section forty-two of an act entitled "An act to regulate the election of state and county officers," passed May 3, 1852, (vol. 50, O. L., p. 311,) be and the same is hereby repealed. SEC. 7. This act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Passed February 1, 1877. President of the Senate. Notice of contest to be served and filed. AN ACT To restrain the use of poison. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any person who shall leave or deposit any poison, or any substance containing poison, in any common, street, alley, lane, or thoroughfare, of any kind whatever, or any yard or inclosure other than the yard or inclosure oссиpied by such person, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not more than fifty nor less than five dollars, or imprisoned in the county jail not more than thirty nor less than five days, or both, at the discretion of the court, and shall be liable to the person injured for all damages sustained thereby. SEC. 2. This act shall be in force from and after its passage. C. H. GROSVENOR, Passed Pebruary 1, 1877. President of the Senate. Penalty for leaving poison in streets, etc. AN ACT Prescribing the fees of county treasurers. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the county treasurer, on settlement semi-annually with the county auditor of the several counties in this |